Some tenants may be protected federally, despite SC evictions proceedings restarting

South Carolina News

MYRTLE BEACH, SC (WBTW) – The South Carolina Supreme Court restarted evictions and foreclosure proceedings that were previously put on hold mid-March due to the coronavirus pandemic.

However, some tenants may be protected from eviction right now until July 25th under the CARES Act, according to Turner Padget Graham & Laney attorney Ian McVey.

Types of Housing Covered under the CARES Act Eviction Moratorium

  • A property that participates in a “covered housing program” as defined by the Violence Against Women Act (VAWA)
  • A property that participates in the “rural housing voucher program” under section 542 of the Housing Act of 1949
  • A property that has a federally backed mortgage loan
  • A property that has a federally backed multifamily mortgage loan

For a summary of what guidelines properties and rental units fall under the CARES Act moratorium, click here.

If the landlord receives federal funding for their apartment complex or property, an eviction moratorium within the CARES Act would apply to their tenants, meaning tenants can’t be evicted until the July 25th mark when the moratorium expires.

Because its not a forgiveness program, however, tenants still have to pay when they’re able or when the moratorium expires.

And, if your property or rental unit does not receive federal funding, it would not fall under the moratorium and tenants could be subject to eviction.

“If you’re a college student who is, you know, living in a, you know, living in a house somewhere off-campus, that is most likely not subject to the CARES Act,” McVey says is an example of a property that does not fall under the moratorium.

Under the moratorium, tenants will also not be required to pay late fees or penalties, until it expires.

At the end of July, if a tenant still hasn’t paid, landlords can give a 30 day notice to tenants to ask them to get it paid.

At that point, they may have to pay back payments on rent they missed during that 120 day period, but McVey says he’s hopeful help may be on the way for that as well.

“There’s an encouragement by HUD to encourage landlords to work on payment assistance programs so that they can catch the rent back up,” said McVey.

Mcvey says from what he’s seen, his landlord clients have been flexible with their tenants.

“My landlord clients for the most part have been working with their tenants trying to come up with a solution that works for everybody,” he said.

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